The Holmes Youthful Trainee Act (HYTA) is a Michigan deferred sentencing statute that allows a Court to place a youth defendant, who has allegedly committed a crime, on probation with the ultimate goal avoiding a criminal conviction on a young defendant’s record. This is accomplished when the defendant successfully completes all terms of his or her probation. For those Clients, ages 17-20, seeking to enter a plea under HYTA, all that is required is that the judge agree to place the Client on HYTA status. On May 20, 2015, the Michigan Legislature amended the Holmes Youthful Trainee Act, MCL 762.11 to MCL 762.13 by expanding the ages for those who are eligible for HYTA. This amendment increased the age of eligibility to 23 years of age. However, the amendment also requires that the prosecuting attorney on the case agree to the HYTA status being granted. This means that the Client will not be granted HYTA for those offenses that occurred between ages 21-23 unless both the court and the prosecutor agree. Michigan Law Services, PLLC assist our clients with both misdemeanor and felony charges. We routinely deal with prosecutors and have successfully entered negotiated HYTA pleas for clients aged 17-23.
A negotiated HYTA plea can be used for both misdemeanor and felony charges. While there are several offences excluded from this program, the attorneys at Michigan Law Services, PLLC routinely assist young clients with HYTA pleas in Macomb, Oakland, Wayne and St. Clair Counties.
If the Court accepts a HYTA plea, the client is typically placed on probation and will be in trainee status. This status allows the plea to be held in a sealed court file rather than being publicly disclosed. This action ensures and protects the privacy of the young defendant while on probation and in trainee status. Upon successful completion of the probation by the Client, he or she will have no criminal record stemming from the underlying offense.
To discuss whether you or someone you know may be eligible for the Holmes Youthful Trainee Act (HYTA), call Michigan Law Services, PLLC at 586-991-1SUE (1783). We make the law work for you. Our goal is to defend your rights, every step of the way.